IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

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Trademark Registration Intellectual Property Intellectual Property Law 98

SpicyIP

FEBRUARY 3, 2025

Prabha Sridevan, Judge, MHC (2000-2010) and Chairperson, IPAB (2011-2013) was recently interviewed by SpicyIP Doctoral Fellow Malobika Sen as part of her doctoral research. the original plaintiff) filed a suit to protect four registered Kirloskar trademarks against alleged infringers. Kirloskar Brothers Ltd.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

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Trademark Contracts Blogging Fair Use 115

IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

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Trademark Registering Trademarks Branding Branding 105

IP and Legal Filings

JULY 21, 2022

NEED FOR HASHTAGS TRADEMARK. Even while registering one’s hashtags as trademarks does not prevent others from using that hashtag, a registered hashtag trademark is still quite valuable in today’s highly competitive industry. HASHTAGS IN INDIA AND USA.

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IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

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Trademark Registering Trademarks Trademark Law Branding 98

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Hasbro v EUIPO. In 2015, Doga?aji’s

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Trademark Registration Trademark Law Intellectual Property 59

SpicyIP

AUGUST 8, 2023

When assessing whether a plaintiff in a trademark infringement suit is entitled to an interim injunction, the findings of courts on the 3 factors of prima facie case, balance of convenience and irreparable harm are typically uniform, either supporting the grant of an injunction or its refusal. Rahul is an attorney at Ira Law.]

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SpicyIP

MARCH 16, 2025

Highlights Finding the Real Burger King: Identical Marks & Prior Use in the Pune Eatery Case It has been 14 years since the Burger King trademark dispute began in India, still with no end in sight. The plaintiff,, filed for summary judgment and permanent injunction against trademark infringement. Ramada International, Inc.

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Trademark Copyright Branding Branding 59

IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Additional sorts include trademark dilution and free riding in the EU. This is known as trademark dilution.

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Trademark Branding Branding Brands 96

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role. 2017/1001 and thus can be registered as a trademark.

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Trademark Advertising Advertising Registration 75

SpicyIP

SEPTEMBER 13, 2021

I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. September 6, 2021]. An article on Scroll.in The Ministry had claimed that 14.2

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Reporting Registration Trademark Registering Trademarks 104

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

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Trademark Law Registering Trademarks Branding 89

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

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Trademark Law Registering Trademarks Branding 84

The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

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Registration Ownership Copyright Trademark 123

LexBlog IP

AUGUST 16, 2021

IPNews® – On August 12, 2021, Louis Poulsen A/S submitted a trademark opposition against Google for the trademark “Nest” The trademark cited in the opposition notice relates to the LP Nest brand — which filed for registration back in June 2010.

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Trademark Registration Branding Brands 52

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

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Registration Trademark Copyright Infringement Copyright 98

The IPKat

NOVEMBER 1, 2022

Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? A press report indicated the registration had been made in 1953 by Arthur “Gil” Seabrook, a local broadcaster, as a civic promotion. He subsequently assigned his rights to the City of Vernon.

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Copyright Artwork Due Diligence Publishing 128

The TTABlog

NOVEMBER 10, 2021

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. 96 USPQ2d 1227, 1229 (TTAB 2010); In re Aerospace Optics, Inc., Hungerford Smith” to identify the source of its soft drink syrup; the proposed mark "Burgundy"appeared only as a flavor designation and not as a trademark.

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Trademark Registration Design Designs 97

IP and Legal Filings

AUGUST 30, 2022

Regaining the title of the richest country in the world in 2012 Qatar’s per capita GDP at purchasing power parity (PPP) was $106,000 (QR387,000) in 2012, helping the country retain its ranking as the world’s wealthiest nation, where it overtakes Luxembourg in 2010. Trademark in Qatar. Filing Requirements. Copy of the mark.

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IP and Legal Filings

AUGUST 4, 2023

To prevent the undue usage of their goodwill and branding celebrities used to get their names registered under the trademark act. LAW RELATING TO REGISTRATION OF NAMES AS TRADEMARKS IN INDIA There is not any particular provision that prohibits celebrities to register their name as trademarks in India under the trademark act, of 1999.

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Trademark Registration Branding Branding 52

IP and Legal Filings

OCTOBER 26, 2022

In Cambodia, two geographical indications have been registered to date – Kampot Pepper and Kampong Speu Palm Sugar, both in 2010. Following enactment of the law, another Declaration on the Procedures for Registration and Protection of Geographical Indications came into force on December 29, 2016. ?Any Conclusion.

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Registration Trademark Law Ownership 98

IP and Legal Filings

SEPTEMBER 27, 2021

The dispute concerning trademarks is much common. The applicant Cole Haan LLC filed for registration of figurative sign Ø as an EU trademark under Nice Classes 18 and 25, which includes suitcases, bags, and clothing. The post Protecting Your Trademark: What About Letters? first appeared on IPLF.

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Trademark Registration Design Designs 52

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

Trademark 52

Trademark Branding Branding Brands 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry. Overturning Tiffany v.

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Trademark False Advertising Advertising Advertising 144

SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020.

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Reporting Trademark Advertising Advertising 126

IP and Legal Filings

FEBRUARY 9, 2022

(“Bluetooth”) owns various trademark registrations which it licenses to other companies to use in promoting a product’s Bluetooth-compatibility. Bluetooth became aware that FCA was using its trademarks without satisfying the requirements and sued for trademark infringement.

Trademark 52

Trademark Licensing Registration Fair Use 52

IP Tech Blog

NOVEMBER 2, 2023

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. The “DANTANNA’S” trademark issued in 2005. In 2021, the Board cancelled the trademark pursuant to Section 14 of the Lanham Act.

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Registration Trademark Blogging IP 62

Intepat

MAY 12, 2023

Understanding The Madrid Protocol The Madrid Protocol is an international agreement that enables individuals or businesses to obtain trademark protection in multiple countries through a centralized system. After successful registration, the trademark is considered to be granted and protected in the member states.

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Registration Branding Branding Brands 52

Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Of course, this balance of powers question goes far beyond the patent and trademark systems. 2929764. .’s

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Registration Trademark Law Registering Trademarks 64

LexBlog IP

NOVEMBER 8, 2023

the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark. Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No.

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Registration Trademark Litigation Law 52

The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , Applicant's use of the "TM" symbol does not transform the phrase into a trademark. Would you have applied for registration? In re Eagle Crest Inc. , 129 USPQ2d 1148, 1149-50 (TTAB 2019)." See , e.g., In re Aerospace Optics , 78 USPQ2d at 1864. Welch 2022.

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Service Mark Advertising Advertising Registration 78

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

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Trademark Registration Music Intellectual Property 52

43(B)log

APRIL 28, 2022

19, 2022) Harley’s Hope launched in 2010; it owns a 2021-issued registration for “HARLEY’S HOPE FOUNDATION,” for “Charitable foundation services, namely, providing financial support to pet parents for veterinary assistance and programs” and a 2012 Colorado state registration. Harley’s Dream, 2022 WL 1154526, No.

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Registration Trademark 59

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. Federal Trademark Reg.

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Trademark Branding Branding Brands 40

The TTABlog

JANUARY 13, 2023

The Board granted a petition for cancellation of a registration (issued in 2010) for the purported mark SMART WALLET for "wallets," on the ground of genericness. Significant evidence" convinced the Board that "wallets containing RFID blocking are referred to and understood by the public as 'smart wallets' —a sub-group of wallets."

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Social Media Technology Registration Design 92

IP Intelligence

MAY 11, 2021

Court of Appeals for the Fifth Circuit dealt with the issue of whether de minimis use can defeat a claim of trademark abandonment. It can, provided that such use is not made in good faith and not simply to maintain a trademark. Census Bureau, had a population of 8,679 in 2010). April 12, 2021), the U.S. Humble Exploration Co.,

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Trademark Registration Branding Branding 52